header-logo header-logo

10 March 2021 / Charles Pigott
Issue: 7924 / Categories: Features , Employment
printer mail-detail

An Uber assessment

42002
Uber drivers may now be entitled to the protection of the working time & national minimum wage legislation, but not all gig economy workers will be able to establish claims for worker status, says Charles Pigott
  • The Supreme Court has affirmed the employment tribunal’s decision that a group of Uber drivers had the status of non-employee workers.
  • In doing so it has signalled a new approach to assessing employment status.

A small group of London-based Uber drivers started proceedings in the employment tribunal in 2015. Two of them, Mr Aslam and Mr Farrer, were selected as test claimants for a preliminary ruling. This was to establish whether they had worker status for the purposes of claims for the national minimum wage and for holiday pay under the Working Time Regulations 1998, SI 1998/1833.

The two main respondents were Uber BV, a Dutch company which owns the rights to the Uber app, and Uber London Limited, its UK subsidiary, which holds the licence to operate private hire vehicles in London. The name ‘Uber’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll